Shelly Bay For All
Enterprise Miramar took to the High Court a Judicial Review case challenging the process followed by the Council in granting resource consents to extensively develop Shelly Bay.
Our main grounds of challenge were, first, that the resource consents granted by the Council to the developer were not consistent with the requirements of the special housing legislation under which the consents had been granted and, second, that the Council should not have decided the resource consent application because it had conflicts of interest. We argued that those conflicts of interests included the fact that the Council owned part of the land that is to be developed at Shelly Bay, and the Council therefore stood to benefit financially from the development being granted resource consents – because the developer will need to buy or lease the Council’s land for the development to go ahead.
On 5 and 6 March 2018 we challenged the Council’s decision in the High Court. The High Court Judge, Justice Churchman, issued his decision in the case on 9 April 2018. He found that there were some legal flaws in the Council’s decision, but that those flaws were not such as to justify the High Court setting aside the resource consents that had been granted to enable the developer to extensively develop Shelly Bay.
Enterprise Miramar has filed an appeal against Justice Churchman’s decision in the Court of Appeal. Our case is due to be heard in the Court of Appeal on 22 August 2018.
We believe that the issues we are raising in our appeal are very important ones for the future of Shelly Bay. The resource consents, if they stand, will result in changes to Shelly Bay and surrounding areas that will have inter-generational impacts, not only on the environment but on businesses and community members who will be affected by the significantly greater volume of traffic that will be generated by the development of Shelly Bay. The appeal also raises wider issues around how conflicts of interests are to be managed where, as here, the Council has an interest in the outcome of a decision that the Council is making.
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Cyclists and pedestrians will share the road with construction vehicles during the 13 year construction period and an estimated (average) 4700 vehicle movements a day
Public car parking at Shelly Bay will be time limited.
Effects on Blue Penguins were considered in September 2017 by the Council but is not part of the resource consent
Heavy traffic over the 13 year period of construction
The 1.5 metre pathway or 1.5 -2.0 metre shoulder will impact on parking along Shelly Bay Road which may mean you will have to walk some distance to your favourite fishing spot.
Shelly Bay is a bay on the Miramar Peninsula of Wellington, New Zealand. The New Zealand Defence Force owned the land on Shelly Bay for 124 years until 2009.